Terms and Conditions
DKK North America, Inc. (“DKK NA”) is pleased to offer you access to this website (the “Site”), DKK NA’s social networks, and other services that DKK NA may from time to time provide from this website, subject to these Terms and Conditions of Use (the “Terms”). The term “Social Networks” encompasses a broad sweep of online activity, including participation in social networks such as Facebook, YouTube, Flickr, and Twitter, and interactive blogs, websites or listservs, some of which may be located on the Site. These Terms apply to all users of the Site and the DKK NA Social Networks, including users who are also contributors of User Generated Content (as hereinafter defined).
BY PROCEEDING BEYOND THE SITE HOME PAGE OR VIEWING OR POSTING CONTENT TO THE DKK NA SOCIAL NETWORKS, YOU EXPRESS YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF THESE TERMS.
DKK NA MAY, IN ITS SOLE DISCRETION, MODIFY, RESTRICT, CHANGE, OR OTHERWISE ALTER THESE TERMS, THE SITE, OR THE DKK NA SOCIAL NETWORKS, IN WHOLE OR IN PART, IMPOSE LIMITS ON CERTAIN FEATURES ON THE SITE OR THE DKK NA SOCIAL NETWORKS, OR RESTRICT YOUR ACCESS TO PART OR ALL OF THE SITE OR THE DKK NA SOCIAL NETWORKS. BY CONTINUING TO ACCESS AND USE THE SITE AND/OR THE DKK NA SOCIAL NETWORKS YOU WILL BE EVIDENCING YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF, SUCH MODIFICATIONS, CHANGES OR ALTERATIONS. PLEASE REVIEW THESE TERMS REGULARLY AS THEY MAY BE MODIFIED FROM TIME TO TIME WITHOUT NOTICE TO YOU.
The following terminology applies to the Terms, Privacy Statement and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Terms. "DKK NA", “Ourselves”, “We” and "Us", refers to our DKK NA. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
DKK NA Generated Content
The copyright rights and other property rights to the Site and the DKK NA Social Networks are owned by DKK NA. All rights regarding the content posted to the Site and the DKK NA Social Networks by DKK NA are reserved by DKK NA. The content on the Site may not be used or disseminated without the prior written consent of DKK NA, except that you may download spec sheets solely for the purpose of doing business with DKK NA. The Site and the DKK NA Social Networks may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by DKK NA or by third parties for DKK NA. Such content is for your reference only and should not be relied upon by you for any purpose.
DKK NA may provide links to other websites as a convenience for its Site and Social Networks users. DKK NA is not responsible for the content of these other websites, ands DKK NA does not endorse, warrant or guarantee the products or services described or offered in these other websites.
User Generated Content
You may submit content, including text, images, photographs and video to the DKK NA Social Networks (collectively, “User Generated Content”), provided that you abide by these common-sense rules:
• If you post it, you own it
Think twice before you publish. Would you want your family, friends, colleagues, or others to read or see the content you post? Keep in mind that even if original content can be deleted, the content that is shared and distributed through an array of channels can be reposted, searched, and found on the Internet.
• Respect the law, including with regard to intellectual property
It is critical that you show proper respect for the law generally, and specifically for the laws governing copyright and fair use of copyrighted material. You should not quote more than short excerpts from someone else’s work. It is good general practice to link to others’ work. Use appropriate symbols to mark the first appearance of trademarked terms in your content. Do not post images, music or other copyrighted content unless you own them or have permission from the owner to display such content in this context. Keep in mind that the laws may differ depending on where
• Treat others like you want to be treated
Be respectful of others’ opinions and beliefs. Use common courtesy when posting content: refrain from abusive, obscene, or offensive language, images, or links. Do not post content from, or links to, Internet sites that feature sexual content, gambling, or that advocate intolerance of others; and do not create such content on DKK NA’s Social Networks.
• Do not post confidential or proprietary information
By posting content to DKK NA’s Social Networks, you are agreeing to allow anyone with access to DKK NA’s Social Networks to access it and use it without restriction, except with regard to any applicable intellectual property rights that you or others may have in such content. You agree that you will not post or transmit material that is confidential or proprietary to you or third-party.
DKK NA’s Rights and Disclaimers
• User Generated Content
You grant to DKK NA a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and fully-paid, transferable right (including the right to sublicense) to exercise all copyright, publicity, and moral rights with respect to any User Generated Content you post on the DKK NA Social Networks in any media formats and through any media channels.
DKK NA expressly disclaims any liability or responsibility for the User Generated Content posted to its Social Networks, and such content does not necessarily represent the opinions or positions of DKK NA.
DKK NA does not promise or guarantee that any User Generated Content posted on the DKK NA Social Networks is correct or accurate, and DKK NA does not necessarily agree with or endorse such content.
DKK NA retains the right to decline to post any User Generated Content, or remove any previously posted content on DKK NA Social Networks in our sole discretion.
You understand that when using the Site or the DKK NA Social Networks, you will be exposed to User Generated Content from a variety of sources, and that DKK NA is not responsible for the usefulness, safety, or intellectual property rights of or relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DKK NA with respect thereto.
• DKK NA’s Social Networks
DKK NA reserves the right, but does not have the obligation, to monitor DKK NA’s Social Networks.
ALL CONTENT PROVIDED ON THE SITE AND THE DKK NA SOCIAL NETWORKS IS PROVIDED “AS IS”, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF ANY INTELLECTUAL OR OTHER PROPRIETARY RIGHTS OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
DKK NA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOST SAVINGS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE DKK NA SOCIAL NETWORKS OR ANY DKK NA PRODUCT, DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE CONTENT PRESENTED, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF DKK NA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BY USING THE SITE AND THE DKK NA SOCIAL NETWORKS, YOU AGREE TO INDEMNIFY AND HOLD DKK NA HARMLESS AGAINST ANY AND ALL THIRD-PARTY ACTION BASED UPON OR ARISING DIRECTLY OR INDIRECTLY FROM ANY CONTENT YOU POST ON THE DKK NA SOCIAL NETWORKS.
DKK NA does not grant you any express or implied rights or licenses under any intellectual property rights.
• DKK NA respects your personal privacy and the sensitivity of your corporate information. Authorized employees within the DKK NA on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
Any information concerning you and your respective Client Records may be passed to third parties.
However, your records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities.
You have the right to request sight of, and copies of all your Records we keep, on the proviso that we are given reasonable notice of such a request.
You are requested to retain copies of any literature issued in relation to the provision of our services.
Where appropriate, we shall issue yours with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this DKK NA will only be in connection with the provision of agreed services and products.
DKK NA Employees
• Content posted by DKK NA employees is their own and does not necessarily represent the positions, strategies, or opinions of DKK NA, unless such persons have been authorized by DKK NA to speak on its behalf. The content on the DKK NA Social Networks is provided for informational purposes only and is not meant to be an endorsement or representation by DKK NA or any other party.
The following terminology applies to these Terms and Conditions, Privacy Statement and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the DKK NA’s terms and conditions. "The DKK NA", “Ourselves”, “We” and "Us", refers to our DKK NA. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the DKK NA’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, the services featured on this website are only available within the United States of America, or in relation to postings from the United States of America. All advertising is intended solely for the United States of America market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the Site and the DKK NA Social Networks. Redistribution or republication of any part of the Site and the DKK NA Social Networks or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the DKK NA. The DKK NA does not warrant that the service from the Site and the DKK NA Social Networks will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this DKK NA, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyze trends, administer the Site and the DKK NA Social Networks, track user’s movement, and gather broad demographic information for aggregate use.IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this DKK NA on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from the Site and the DKK NA Social Networks. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave the Site and the DKK NA Social Networks to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This DKK NA will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to the DKK NA’s services and the full content of this website.
This DKK Co., Ltd. and DKK NA’s logo is a registered trademark of this DKK NA in the United States of America, Japan and other countries.
Files downloaded from the DKK NA website are considered intellectual property of DKK NA. These are not to be copied, shared or distributed without the direct consent from DKK NA official representatives.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Terms or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Terms. No waiver of any of the provisions of this or any Terms shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of United States of America govern the Terms.
By accessing the Site and DKK NA Social Networks [and using our services/buying our products] you consent to the Terms and to the exclusive jurisdiction of the Federal courts in all disputes arising out of such access.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the DKK NA to enforce any of the provisions set out in the Terms and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of the Terms or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
The Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of DKK NA.
Notification of Changes
You are therefore advised to re-read this statement on a regular basis.
The Terms form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
DKK NA 2020 All Rights Reserved